Combating Drugs in Rental Housing
IREM Position:
Members of IREM believe in a real estate manager making a reasonable effort, within his or her area of expertise, to protect tenants, owners, employees and property from the harmful effects of illegal drug activity. IREM feels that appropriate responsibility includes cooperation with law enforcement to the extent allowed by landlord-tenant laws and other state and local laws. IREM also believes that it is the manager's responsibility to familiarize law enforcement authorities with the managing agent's fiduciary responsibilities to property owners. IREM further believes that managers who act in good faith by documenting and notifying authorities of drug activity, and otherwise cooperating with authorities, do thereby protect an innocent owner's property from seizure by law enforcement authorities.
IREM recommends that real estate managers take the following steps to curb illegal drug activity:
- Include reviews for criminal activity, as permitted by law, in background checks of prospective tenants and employees.
- Define and address drug activity in lease agreements and company policy.
- Advise tenants in writing that illegal drug activity will be considered a breach of lease and subject to all applicable penalties.
- Advise the proper authorities of any known drug activity.
- Document all action taken in regards to a property involved in drug activity.
- Take the same precautions with employees as are necessary when dealing with tenants.
- Affected members spearhead the coordination of a drug awareness and prevention program on a local basis with other rental housing organizations.
IREM supports legislation which protects and aids owners and real estate managers in responsible administration of anti-drug efforts. Laws that treat innocent owners and managers as accomplices are counter-productive, as are laws that demand managers to assume responsibility beyond the realm of management expertise.
It is not productive, and is dangerous, to burden managers with responsibilities better suited to law enforcement, counseling agencies, or governments.
(Adopted 11/91. Updated 4/07, 3/11, 9/14, 10/23)
Federal Megan's Law
IREM Position:
IREM fully supports the federal government's policy to protect children and the general public from convicted sexual offenders and sexually violent predators. IREM also supports the federal government’s operation of the National Sex Offender Public Website as a means to reach its objective. Unless otherwise required by law Property managers who are concerned about risks associated with a failure to provide adequate information and the risk of disclosing private information on sex offenders are recommended to refer inquires to The National Sex Offender Public Website.
IREM further urges all property managers to be familiar with state enforcement of Megan’s Law as well as state privacy law requirements.
(Adopted 11/96. Updated 11/97, 10/06, 10/10, 9/14, 10/23)
Methamphetamine Labs and Remediation
IREM Position:
The Institute of Real Estate Management recommends that property managers hire trained professionals who follow the U.S. Environmental Protection Agencies guidelines as well as local and state codes, laws, and guidelines for remediation of any space used as a meth lab. Furthermore, the burden of cleanup costs should not be the property owners, but rather the cost of the occupant of the leased space.
(Adopted 10/23)